Could a presumption in favour of sustainability have the opposite effect, ask Malcolm Dowden & Jen Hawkins
The government’s proposed text for a presumption in favour of sustainable development, unveiled in June, includes no definition of “sustainable development”. It merely states: “There is a presumption in favour of sustainable development at the heart of the planning system, which should be central to the approach taken to both plan-making and decision-taking. Local planning authorities should plan positively for new development, and approve all individual proposals wherever possible.”
Framed that way, the presumption appears to promise an easier ride for developers, and an increase in the number of developments, whether or not they are genuinely sustainable. However, any attempt to provide a credible definition of “sustainable development” rapidly points in the opposite direction. A presumption in favour of sustainable development might in fact mean less development in the UK, together with increased focus on the global allocation of natural resources and (possibly) a significant shift in the legal processes governing land use and spatial planning.
The UK Environmental Law Association (UKELA) considers that the
